# C_2007199EN.01000501.xml

| 25.8.2007 | EN | Official Journal of the European Union | C 199/5 |
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25.8.2007

EN

Official Journal of the European Union

C 199/5

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Judgment of the Court (Second Chamber) of 5 July 2007 — Commission of the European Communities v Italian Republic

(Case C-255/05) (1)

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(Failure of a Member State to fulfil obligations - Assessment of the effects of certain projects on the environment - Waste recovery - Implementation of the ‘third line’ of the Brescia waste incinerator - Publicity for the application for a permit - Directives 75/442/EEC, 85/337/EEC and 2000/76/EC)

(2007/C 199/07)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by: M. Konstantinidis, Agent, and F. Louis and A. Capobianco, avocats)

Applicant:

Defendant: Italian Republic (represented by: I.M. Braguglia, Agent, and M. Fiorilli, avvocato dello Stato)

Defendant:

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 2(1) and Article 4(1) of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ 1985 L 175, p. 40), as amended by Council Directive 97/11/EC of 3 March 1997 (OJ 1997 L 73, p. 5) — Infringement of Article 12(1) of Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste (OJ 2000 L 332, p. 91) — Consent granted without an assessment of and without making public the prior application for an authorisation — Implementation of a ‘third line’ of waste incineration by ASM di Brescia SpA

Operative part of the judgment

The Court:

| 1. | Declares that, by not making the project to implement a ‘third line’ of the incinerator belonging to ASM Brescia SpA subject to the environmental impact assessment procedure provided for in Articles 5 to 10 of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC of 3 March 1997, before consent was given for its construction, the Italian Republic has failed to fulfil its obligations under Articles 2(1) and 4(1) of that directive; |
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1.

Declares that, by not making the project to implement a ‘third line’ of the incinerator belonging to ASM Brescia SpA subject to the environmental impact assessment procedure provided for in Articles 5 to 10 of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC of 3 March 1997, before consent was given for its construction, the Italian Republic has failed to fulfil its obligations under Articles 2(1) and 4(1) of that directive;

| 2. | Declares that, by not making the declaration in respect of the commencement of the operations of the ‘third line’ of that incinerator available at one or more locations accessible to the public for an appropriate period, to enable the public to comment on it before the competent authority reached a decision, and by not making the decisions relating to that declaration, including a copy of the authorisation, available to the public, the Italian Republic has failed to fulfil its obligations under Article 12(1) of Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste; |
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2.

Declares that, by not making the declaration in respect of the commencement of the operations of the ‘third line’ of that incinerator available at one or more locations accessible to the public for an appropriate period, to enable the public to comment on it before the competent authority reached a decision, and by not making the decisions relating to that declaration, including a copy of the authorisation, available to the public, the Italian Republic has failed to fulfil its obligations under Article 12(1) of Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste;

| 3. | Orders the Italian Republic to pay the costs; |
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3.

Orders the Italian Republic to pay the costs;

| 4. | Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs. |
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4.

Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.

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(1)  OJ C 205, 20.8.2005.

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